A Nakuru court has given the prosecution 30 days to decide whether to press manslaughter charges against an 11-year-old boy who allegedly killed his elder brother over a charger.
Senior Resident Magistrate Bernard Limo granted the prosecution and the accused's lawyer more time to petition the Office of Director of Public Prosecutions (ODPP) for consultation before a decision is made.
“I gather from submissions of parties that they wish to explore or dispose of this matter via a diversion report and the prosecution does not oppose the same. I have granted both parties time to petition the ODPP for consultation,” said the magistrate.
The prosecution requested for time to write to the ODPP for consultation and direction before adopting the diversion policy.
“I have evaluated the two reports from the probation officer and the children remand home and it seems that they want us to adopt a diversion policy. We do not oppose,” the prosecutor said.
SOURCE OF QUARREL
The minor's lawyer however pleaded with the court to release the accused on bond so that he can attend school and be presented in court during sessions.
“I pray that the minor be released on bond. The minor is a schoolgoing child and the mother has agreed to present him in court any time he is needed. As at now, they needs counselling,” said the advocate.
The Class Five boy is accused of killing his 15-year-old brother on December 30, 2019, at Upendo, Kivumbini estate in Nakuru Town East sub-county.
According to court documents, there was disagreement between the two over a mobile phone which was being charged by the deceased using a homemade charger.
The accused is said to have sneaked into the house, took the phone and hid it. But upon realising that the phone was missing, the deceased beat him up.
The accused rushed to the house, took a kitchen knife and stabbed him fatally. He was taken to hospital but he was pronounced dead on arrival.
The boy was released on a personal bond of Sh50,000 with a surety of Sh100,000. Case will be mentioned on February 12.